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STATE v. EARLE

60 N.J. 550 (1972)

292 A.2d 2

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EMANUEL EARLE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 19, 1972.

Attorney(s) appearing for the Case

Mr. David S. Baime, Assistant Prosecutor, argued the cause for appellant (Mr. John De Cicco, on the brief; Mr. Joseph P. Lordi, Essex County Prosecutor, attorney).

Ms. Sonia Napolitano argued the cause for respondent (Messrs. Teltser and Greenberg, attorneys).

PER CURIAM.

Defendant was convicted of atrocious assault and battery. The Appellate Division reversed, 112 N.J.Super. 523 (1970), and we granted the State's petition for certification. 57 N.J. 602 (1971). We delayed decision in this case for the reason that the decisive issue was before the United States Supreme Court.

Defendant, in custody on another charge, was identified by the victim...

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